Posts tagged with 'filibuster'
Weekly Mulch: New bills and old money
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By Sarah Laskow, Media Consortium blogger
Climate legislation is returning to the Senate’s docket, and leaders on Capitol Hill are hoping that this version, a compromise bill spearheaded by Sens. John Kerry (D-MA), Lindsey Graham (R-SC) and Joe Lieberman (I-CT), can pass without getting caught in the morass of money and politics that has delayed action so far.
A long, long time ago…
Remember, there was a time when Congress was going to pass climate legislation before the international climate change negotiations in Copenhagen. President Barack Obama was going to show up with a bill in hand and lead the world towards a better climate future. After the House passed its climate bill in June 2009, the Senate began discussing climate change, and a first stab by Sen. Kerry and Sen. Barbara Boxer (D-CA) went nowhere. Now, Kerry has turned to less liberal colleagues to draft an alternative that would appeal to moderates and even Republicans.
Now the Massachusetts senator is promising that climate change isn’t dead. A new bill is coming—more information may be in the offing as early as today, as Kate Sheppard reports at Mother Jones. (more…)
Weekly Pulse: Obama to Promote Health Plan at Summit
By Lindsay Beyerstein, Media Consortium blogger
On Monday, the White House released its plan for health care reform, which resembles the Senate bill with additional concessions for liberals and labor unions. Tomorrow, President Obama will hold a televised health care summit. Obama is billing the summit as a last-ditch attempt to solicit Republican ideas for health care reform. In fact, he’s hoping to give the GOP enough rope to hang itself.
It takes two…
As Katrina vanden Huevel argues in the Nation, bipartisanship takes two parties, but the Republicans have refused to negotiate unless health care reform starts over from scratch. That’s not bipartisanship, that’s showboating. President Obama is giving the Republicans one last chance to waste the entire country’s time so that he can point to the sorry spectacle and say, “Look, what they made us do.” (more…)
Weekly Pulse: Bayh-Partisanship=Giving Your Seat to a Republican
By Lindsay Beyerstein, Media Consortium Blogger
You will be shocked, shocked to hear that a Blue Dog Democrat who made a career out of undermining his own party is sucker-punching them on his way out. Sen. Evan Bayh of Indiana abruptly announced this week that he would not seek reelection in November. Bayh’s departure is ratcheting up insecurity in the Democratic caucus at the very moment they need to take decisive action to pass health care reform.
Bayh could easily have won a third term, but it’s unclear whether any other Democrat can hold the seat. To add insult to injury, Bayh waited until 24 hours before the filing deadline for Democratic primary candidates, sending Indiana Dems scrambling to find a candidate to run in his place. Bayh’s tardiness was calculated. Since no Democrats were ready to file by the deadline, the Indiana Democratic establishment will get to handpick Bayh’s successor.
In a call with state Democratic officials, Bayh said his abrupt departure is for the best, as Evan McMorris-Santoro reports for TPMDC. According to Bayh, he’s doing the party a favor by sparing them a contentious primary process. Thanks a lot.
What does this mean for health care reform?
What does Bayh’s departure portend for health care reform? Monica Potts of TAPPED argues that replacing a conservative Democrat like Bayh with a moderate Republican won’t make that much difference. Bayh was never a reliable Democratic vote.
But Tim Fernholtz of TAPPED dismisses this view as naive. Fernholtz predicts that, for all of Bayh’s faults, the senate will be much worse without him: “In essence, the difference between this insubstantial Hoosier and, say, [GOP hopeful] Dan Coats, is simple: You can buy off Bayh.” Bayh voted for health care reform and the stimulus, no Republican, no matter how “moderate” is going to vote that way.
Anyone who expects a moderate Republican from Indiana to support any part of the Democratic agenda is deluded. On the other hand, the Senate Democrats already passed their bill, their only remaining task would be to pass a “fix” through budget reconciliation to make changes in the legislation that would be acceptable to the House. Of course, reconciliation will be a bitter political fight. One wonders whether the demoralized Senate Democrats will have the stomach for it.
About that health care summit…
Note that congressional Republicans have yet to commit to attending the “bipartisan” health care summit that they called for. Christina Bellatoni of TPMDC reports that yesterday White House Press Secretary Robert Gibbs wondered why the Republicans were for the summit before they were against it:
“Right before the president issued the invitation, the—the thing that each of these individuals was hoping for most was an opportunity to sit down on television and discuss and engage on these issues. Now, not accepting an invitation to do what they’d asked the president to do, if they decide not to, I’ll let them leap the—leap the chasm there and try to explain why they’re now opposed to what they said they wanted most to do,” Gibbs said.
Busting the filibuster
On the bright side, the Democrats still have a sizable majority in the Senate, with or without Bayh. Republicans would have to beat all 10 vulnerable Democratic incumbent senators in the next election in order to regain control of the Senate. The more immediate threat to health care reform and the Democrats’ ability to govern in general is the institutional filibuster. Structural reform is needed to break the impasse. Lawyer and author Tom Geoghegan talks with Amy Goodman on Democracy Now! on strategies for busting the filibuster.
Public option resurfacing
Mike Lillis of the Washington Independent reports that four senate Democrats have thrown their lot in with progressives clamoring for a public option through reconciliation. Sens. Sherrod Brown (OH), Jeff Merkley (OR), Kirsten Gillibrand (NY) and Michael Bennet (CO) argue for the public option in an open letter to Majority Leader Harry Reid. The letter reads:
There are four fundamental reasons why we support this approach – its potential for billions of dollars in cost savings; the growing need to increase competition and lower costs for the consumer; the history of using reconciliation for significant pieces of health care legislation; and the continued public support for a public option….
Big pharma’s lobby
That’s nice, but let’s not forget who’s really in charge. In AlterNet, Paul Blumenthal recaps the sorry history of collusion between the White House, the pharmaceutical lobby group PhRMA, and the Senate. According to Blumenthal the White House steered pharmaceutical lobbyists directly to Sen. Max Baucus (D-MT), chair of the powerful Finance Committee, who was entrusted with crafting the White House’s favored version of health care reform.
Abortion and health care reform
As if we didn’t have enough to worry about, Nick Baumann of Mother Jones notes that the National Right to Life Committee (NRLC) is making abortion is an obstacle to passing health care reform through reconciliation. The NRLC is insinuating that Bart Stupak (D-MI) and his coalition of anti-choice Democrats will vote against the Senate health care bill because it it’s slightly less restrictive of abortion than the bill the House passed. The good news is that it’s procedurally impossible to insert Stupak’s language into the Senate bill through reconciliation. The bad news is that Speaker Nancy Pelosi (D-CA) needs every vote she can get to pass the Senate bill and anti-choice hardliners could be an obstacle.
This post features links to the best independent, progressive reporting about health care by members of The Media Consortium. It is free to reprint. Visit the Pulse for a complete list of articles on health care reform, or follow us on Twitter. And for the best progressive reporting on critical economy, environment, health care and immigration issues, check out The Audit, The Mulch, and The Diaspora. This is a project of The Media Consortium, a network of leading independent media outlets.
Weekly Mulch: Murkowski Vs. the EPA
By Sarah Laskow, Media Consortium Blogger
On Thursday afternoon, Sen. Lisa Murkowski (R-AK) pulled out a rarely-used Congressional tool in an attempt to keep the Environmental Protection Agency (EPA) from regulating carbon and other greenhouse gasses. Sen. Murkowski offered a “resolution of disapproval” of the EPA’s impending action, which would limit companies’ carbon emissions.
The resolution would overturn the EPA’s finding that carbon dioxide is harmful to the public health. Three Democrats—Sen. Ben Nelson (D-NE), Sen. Blanche Lincoln (D-AR), and Sen. Mary Landrieu (D-LA)—joined Sen. Murkowski and 35 Republicans in sponsoring the resolution.
“Ms. Murkowski’s Mischief‘”
“This command and control approach is our worst option for reducing the gasses associated with climate change,” said Sen. Murkowski on the floor of the Senate yesterday. She called the EPA’s actions “backdoor climate regulations with no input from Congress” and said they would damage the country’s flailing economy.
The EPA first announced in April 2009 that carbon dioxide and other greenhouse gasses posed a threat to the public health. The agency formalized that finding last month, giving itself the power to regulate emissions of greenhouse gasses under the Clean Air Act. In March 2010, for instance, the agency is expected to announce carbon emissions rules for the auto industry that would match California’s higher standards. Sen. Murkowski’s resolution would derail that process.
Sen. Murkowski argued that she wants to give Congress room to come up with a legislative solution to climate change, but her critics see a more dangerous tilt to her resolution. “It’s a radical attempt by the legislative branch to interfere with executive branch scientists,” writes David Roberts at Grist.
Responding to “Ms. Murskowski’s mischief” on the Senate floor yesterday, Sen. Barbara Boxer (D-CA) called the resolution an “unprecedented effort to overturn scientific decision” and “a direct assault on the health of the American people.”
Resolution of disapproval
What is a “resolution of disapproval?” Grist’s Roberts called it “the nuclear option.”
“It would rescind the EPA’s endangerment finding entirely and thereby eliminate its authority over both mobile and stationary sources,” Roberts explains. “Furthermore, the administration would be prohibited from passing a regulation “substantially the same” as the one overruled, so the constraint on the EPA would effectively be permanent.”
This type of resolution was created by the Clinton-era Congressional Reform Act. The resolution has one big advantage: It cannot be filibustered. Passage requires only a majority in both houses of Congress. Members have tried using it in the past to delay the Dubai Ports World deal, derail FCC regulations on new media, and stop the flow of bailout funds.
Kate Sheppard at Mother Jones has been following Sen. Murkowski’s actions closely. She reports that “Senate supporters of climate action say Murkowski could obtain the votes of moderate Democrats from coal, oil, and manufacturing states. However, a resolution would still need to be approved by the House and signed by the president—both long shots, to put it mildly. ‘I think we’re a little worried about [Murkowski’s resolution] winning. I’m not sure we’re worried about it becoming law,’ a Senate Democratic staffer says.”
But Grist’s Roberts argues that passage in the Senate alone would be a problem. “Even if blocked by the House or vetoed by the president, such a public, bipartisan slap at the administration would be highly embarrassing and demoralizing,” Roberts writes. “It would mean at least ten conservative Democrats washing their hands of the administration’s initiative.”
Climate change and Congress
Sen. Murkowski insists that she’s still ready to work with her colleagues on climate change and that it’s better to approach the problem of climate change via legislation, not regulation.
But no one in Washington believes that climate change legislation is going to pass—even come to the Senate floor—any time soon. The issue was already in line behind health care, and the election of Republican candidate Scott Brown to Sen. Ted Kennedy’s Massachusetts seat this week means that none of the bills that the Senate is working on are likely to come to a vote this year.
“There was hope that the [climate] bill would come to the floor in the spring,” writes Steve Benen at Washington Monthly. “Regrettably, a narrow majority of Massachusetts voters have made it significantly more likely that Congress won’t address the problem at all. Proponents focused on solutions have vowed to “persist,” but Massachusetts has made a difficult situation considerably worse.”
The role of special interests
Sen. Murkowski has come under criticism for allowing Bush-era EPA administrators, now lobbyists representing clients on climate change issues, to help her craft an earlier amendment cracking down on the EPA. Yesterday, she said that those criticisms are “categorically false.”
But as JP Leous reports at Care2, Sen. Murkowski does receive substantial backing from energy industries that oppose climate change legislation and regulation.
“According to OpenSecrets.org Sen. Murkowski has received hundreds of thousands of dollars from polluting companies, and some of her biggest campaign contributors in recent years include firms with fossil-fueled motives like Exxon Mobil Corp,” Leous writes “Add those dots into the mix and a different picture emerges — and it starts to look like a person who is poised to introduce legislation next week attacking the Clean Air Act.”
On the Senate floor yesterday, Sen. Boxer charged, “Why would the Senate get in the business of repealing science? Because that’s what the special interests want to have happen now. Because they’re desperate.”
The Democratic Senators who co-sponsored the resolution also come from energy producing states where companies object to the new EPA regulations.
If at first you don’t succeed…
If Sen. Murkowski’s resolution does pass the Senate, there’s little chance it will pass the House as well. But this isn’t the only option that regulation opponents are looking at to fight the EPA. The Chamber of Commerce and other groups are planning to challenge the regulatory action in court, as Mother Jones’ Sheppard reports.
Last week, these opponents met to discuss their strategy. What’s interesting, Sheppard says, is that “the group was apparently divided on the best course of action. The Hill observes that “two camps have emerged.” One wants to challenge whatever rules the EPA issues, while another wants to question the science of global warming itself.”
We’re back to that old saw? With legislation off the table, the fight over climate change, for now, is in the regulatory arena.
This post features links to the best independent, progressive reporting about the environment by members of The Media Consortium. It is free to reprint. Visit the Mulch for a complete list of articles on environmental issues, or follow us on Twitter. And for the best progressive reporting on critical economy, health care and immigration issues, check out The Audit, The Pulse, and The Diaspora. This is a project of The Media Consortium, a network of leading independent media outlets.
Weekly Pulse: What Does Coakley’s Defeat Mean for Health Care Reform?
By Lindsay Beyerstein, Media Consortium Blogger
Last night, Republican Scott Brown defeated Democrat Martha Coakley in the special election to fill Teddy Kennedy’s senate seat in Massachusetts. Coakley’s loss puts health care reform in jeopardy.
With Coakley’s defeat, the Democrats lose their filibuster-proof 60-seat majority in the Senate. However, as Paul Waldman explains in The American Prospect, Coakley’s loss is not the end for health care reform.
Remember, the Senate already passed its health care reform bill in December. Now, the House has to pass its version of the bill. The original plan was for House and Senate leaders to blend the two bills together in conference to create a final piece of legislation (AKA a conference report) that both houses would vote on. Once the Democrats are down to 59 votes, the Republicans can filibuster the conference report and kill health care reform.
But if the House passes the same bill the Senate just passed, there’s no need to reconcile the two bills. This so-called “ping pong” approach may be the best way to salvage health care reform. Some of the flaws in the Senate bill could still be fixed later through budget reconciliation. It would be an uphill battle, but nothing compared to starting health care reform from scratch.
The second option would be to get the bill done before Scott Brown is sworn in. According to Waldman, there could be a vote within 10 days. The House and Senate have already drafted some compromise legislation, which Waldman thinks is superior to the straight Senate bill. If that language were sent to the Congressional Budget Office immediately, the Senate could vote before Brown is sworn in.
Sen. Majority Leader Harry Reid (D-NV) said in a statement last night that Brown won’t be sworn in until the election results are certified, a process that could take two weeks. Historically, the winners of special Senate elections have taken over from their interim predecessors within a couple of days. If the Republicans were in this position, they’d use every procedural means at their disposal to drag out the process. The question is whether the Democrats have the fortitude to make the system work for them.
Remember how the Republicans did everything in their power to hold up the Senate health care vote, including forcing the clerk to read the 767-page bill aloud? They were trying to delay the vote until after the Massachusetts special election. If it’s okay for the GOP to stall, the Democrats should be allowed to drag their feet on swearing in Brown.
Also, remember how the Republicans fought to keep Al Franken from being seated after he defeated Norm Coleman? For his part, Franken says he’s determined to pass health care reform one way or another, according to Rachel Slajda of Talking Points Memo.
Incongruously, some Democrats are arguing that rushing to a vote would be a violation of some vague democratic principle. Sen. Jim Webb (D-VA) wasted no time in proclaiming that there should be no vote before Brown was sworn in. Rep. Barney Frank (D-MA), of all people, averred last night that the Democrats should respect the democratic process and start acting like they have 59 votes while they still have 60.
All this talk of “respecting the process” is hand waving disguised as civics. According to the process, Scott Brown isn’t the senator from Massachusetts yet. According to the process, you have the votes until you don’t.
Talk about moving the goalposts. It’s bad enough that we need 60 votes to pass a bill on any given day. Now, they’d have us believe that we also need 60 votes next week. Webb and Frank are arguing that Brown’s victory obliges Democrats to behave as if Brown were already the Senator from Massachusetts. Of course, if Webb won’t play ball, it’s a moot point. The whole fast-track strategy is predicated on 60 votes. Steve Benen of the Washington Monthly thinks that Webb effectively took the fast-track option off the table with his strongly worded statement.
Katrina vanden Huevel of The Nation argues that this historic upset should be a wake up call to President Barack Obama to embrace populism with renewed fervor. I would add that Obama was elected on a platform of hope and change. There is no better way to fulfill a promise of change than to reshape the nation’s health care system and provide insurance for millions of Americans.
Ping pong, anyone?
This post features links to the best independent, progressive reporting about health care by members of The Media Consortium. It is free to reprint. Visit the Pulse for a complete list of articles on health care reform, or follow us on Twitter. And for the best progressive reporting on critical economy, environment, health care and immigration issues, check out The Audit, The Mulch, and The Diaspora. This is a project of The Media Consortium, a network of leading independent media outlets.
Weekly Pulse: Joe Lieberman and the Opt-Out Revolution
By Lindsay Beyerstein, Media Consortium Blogger
Progressives rejoiced when Senate Majority Leader Harry Reid announced this week that the final Senate health care bill would include a public option. The announcement was a major victory for left-wing Democrats.
Better yet, it would be a public option without a trigger. Earlier proposals called for a triggered public option which would only take effect if private insurers failed to bring down costs on their own. Under the opt-out compromise, the public option would come on line automatically (albeit not until 2013), but states would later have the option of quitting. (more…)
Weekly Pulse: Public Option on Life Support
By Lindsay Beyerstein, TMC MediaWire Blogger
Will healthcare reform include a public health insurance plan to compete with private health insurance? President Obama campaigned on the promise of a public option, but over the past week he and his top advisers have repeatedly signaled that they aren’t willing to fight for it.
On Saturday, Obama told a town hall meeting in Colorado: “Whether we have it or we don’t have it, [the public option] is not the entirety of health care reform. This is just one sliver of it, one aspect of it.”
“I don’t understand why the left of the left has decided that this is their Waterloo,” an unnamed senior White House official gripes in this morning’s Washington Post.
The White House is sorely mistaken if it thinks that the public option belongs in the “nice but not necessary” category. Josh Holland of AlterNet explains why the public option is the pillar of healthcare reform. Without it, there’s little hope of containing costs or reigning in the power of insurance companies:
It may be just one “aspect” of health reform, but without it, the legislation promises to be a massive rip-off; a taxpayer give-away of hundreds of billions of dollars to an unreformed ‘disease care’ industry.
The industry would get millions of new customers thanks to generous government subsidies and a law requiring that (almost) everyone carry insurance. And that windfall would come without the structural changes needed to bend the medical “cost curve” in years to come — without any provisions that might endanger the industry’s bottom line.
In Salon, Robert Reich agrees. Competition between private insurance companies and the public option is the only hope to controlling costs. A public plan could bargain with providers to reduce costs and pass the savings on to taxpayers. The private insurance industry would have to slash its prices to compete.
Without a public option, “reform” would likely involve subsidies to private insurance companies, temporarily dulling the pain as premiums rise unchecked. That’s the worst of both worlds.
Progressives shouldn’t be surprised at the White House’s noncommittal stance, though. Obama campaigned on a public option, but he has always framed it a darned good idea, not as a non-negotiable demand.
Why is it so difficult to get a healthcare bill through the Senate with the supposedly filibuster-proof majority? The simple answer is that the Dems need 100% of their delegation to cooperate in order to break a filibuster. So, the Democrats have 60 seats in the Senate but no way to advance their agenda without capitulating to the conservative Blue Dogs. The Republicans can be counted on to filibuster whatever the Democrats come up with. Which means that conservative Democrats like Sen. Max Baucus (D-Mont.) hold the balance of power.
As Ari Berman of The Nation explains, Baucus and his Republican counterpart Sen. Chuck Grassley (R-Iowa) also rule over the powerful and conservative Senate Finance Committee, which has been tasked with writing the Senate version of the healthcare bill.
Also in The Nation, Tom Geoghegan argues that it’s time to break the stranglehold by abolishing the procedural filibuster. Unlimited debate in the Senate is enshrined in the constitution. In an old school filibuster, senators simply refuse to shut up until the session ends and the bill dies without a vote. In 1975, a group of liberals wrote a rule of Senate procedure that effectively allows senators to “filibuster” simply by saying they want to. In the old days, a filibuster was a grueling public ordeal. Senators slept on cots and spelled each other off. Today, “filibustering” means signing a form. It’s private, easy and cost-free. The Republicans can, and will, filibuster all major Democratic legislation without having to stand in public and risk being branded as obstructionists.
As a result, 60 is the new 50 in the Senate. Since it’s just a rule, the procedural filibuster could be abolished by a simple majority vote. Friends of the filibuster defend it as a bulwark against tyranny. Abolishing the procedural filibuster would discourage frivolous obstructionism, but keep the old school filibuster for cases when legislators actually care enough to lose sleep over it.
Ever wonder why the strongest public option, single-payer, was never on the table? Maybe because even the strongest proponents of the public plan are taking money from the insurance and biomedical industries. Mother Jones Rachel Morris wants to know why UNITEDHealth consultant Tom Daschle was on Meet the Press Sunday. A former Democratic senator, Daschle is a senior adviser to Obama on healthcare reform and a leading advocate of a public plan. However, he recently resumed a private consulting arrangement with UNITEDHealth, America’s largest health insurer. Even public plan champion Howard Dean is a strategic adviser on healthcare policy to the lobby firm of McKenna, Long, and Aldridge. Dean won’t disclose his clients, but McKenna represents a number of clients in the biomedical and health science industries.
The prospects of a public option are dimming, but not necessarily because of any rapid about-face by the White House. The Senate bill is in the hands of the Blue Dogs, who say they won’t have legislation until November. Obama won’t put the screws to the Blue Dogs, but there’s still plenty of time to for citizens to make their voices heard.
This post features links to the best independent, progressive reporting about healthcare and is free to reprint. Visit Healthcare.newsladder.net for a complete list of articles on healthcare affordability, healthcare laws, and healthcare controversy. For the best progressive reporting on the Economy, and Immigration, check out Economy.Newsladder.net and Immigration.Newsladder.net. This is a project of The Media Consortium, a network of 50 leading independent media outlets, and created by NewsLadder.